Murder

    Cards (5)

    • Definition Murder
      Lord Edward Coke 1628 - to unlawfully kill any reasonable creature under the king's peace with malice aforethought.
    • 1st element - murder

      unlawful killing - will be questioned if it was lawful - Re A - separating conjoined twins.
    • 2nd element - murder`
      Reasonable creature - which means to be independent from the womb - Attorney General's reference, must also have brain activity - Malcherek v Steel
    • 3rd element - murder

      Under the king's peace - which is killing during the time of war - R v clegg - considered not during the time of war
    • MR for murder

      Intention to kill/cause GBH
      Where direct intent is not clear oblique intention is used -Matthews & Alleyne - asked did the D foresee death/serious harm as a virtual certainty and appreciate that fact?
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